We Get Comments
Penalty for failure to depart
L.A. Times - December 16, 200112/17/01
Hi,
I'm an agent for the investigation section in the (location withheld) INS Office. I read your website every day and appreciate what you're doing to inform the public about illegal immigration. Good work.
I wanted to respond to statements that are repeatedly appearing in commentaries regarding the entry of deportation fugitives into the FBI's criminal database. One such example is from the LA Times, "Don't Make the Police an Arm of the INS" from December 16.
"Failing to submit to an order of deportation is considered a civil infraction--not a misdemeanor or a felony."
I've seen this statement time and time again, but it is incorrect. Title 8 of the U.S. Code, Section 1253 makes failure to surrender for deportation a felony punishable by no more than four years in prison. If the alien is a criminal alien, he or she can be sentenced to no more than 10 years in prison.
8 USC 1253
(a) Penalty for failure to depart
(1) Any alien against whom a final order of removal is outstanding by reason of being a member of any of the classes described in section 1227(a) of this title who-
(A) willfully fails or refuses to depart from the United States within a period of 90 days from the date of the final order of removal of the court,
(B) willfully fails or refuses to make timely application in good faith for travel or other documents necessary to the alien's departure,
(C) connives or conspires, or takes any other action, designed to prevent or hamper or with the purpose of preventing or hampering the alien's departure pursuant to such, or
(D) willfully fails or refuses to present himself or herself for removal at the time and place required by the Attorney General pursuant to such order.shall be fined under Title 18, or imprisoned not more than four years (or 10 years if the alien is a member of the classes described in paragraph (1)(E), (2), (3), or (4) of section 1227(a) of this title), or both.
I hope you will pass this information along.
Please do not give my name or office location (of course). If I can help you in any way, write to me at xxxxxx.
Yours Truly,
Name and location withheld by American Patrol